The Municipal Corporation of Dharamshala, Himachal Pradesh, through a notification in the official gazette dated 18^th February, 2020, has brought in the Municipal Corporation, Dharamshala Outdoor Advertisement Bye-laws, 2020 (“Bye-laws”). The Bye-laws is effective 18^th February, 2020.

The Bye-laws will be effective within the limits of Dharamshala Municipal Corporation (“DMC”).

The implications of the Bye-laws are listed below:

1. Advertisements have been defined as any work, letter model sign, device or representation supported on or attached to any post, pole, standard framework or other support wholly or in part upon or over any land, building or structure which or any part of which shall be visible against the sky from some point in any street includes all and every part of any such post, pole, standard frame work or other support. It will also include any balloon parachute or other similar employed wholly or in part for the purpose of any advertisement announcement or direction upon or over any land, building or upon or over any street.
2. With the Bye-laws being effective, no advertisement can be erected, exhibited, fixed or retained upon or over any land, building, wall, boarding, frame, post or structure or place within the jurisdiction of DMC without the written permission of the Commissioner granted in accordance with the Bye-laws. However, no such permission is required for the following:

1. i)If the advertisement is exhibited within the window of a building if the advertisement relates to the trade, profession or business carried on in that building;
2. ii)If the advertisement relates to the trade profession or business carried on within the land or building upon or over which such advertisement is exhibited, or to any sale or letting of such land or building or a similar activity, or to any sale entertainment or meeting to be held;

iii)           If the advertisement relates to the name of the land or building upon or over which the advertisement is exhibited, or the name of the owner or occupier of such land or building.

1. Hoardings/advertisements cannot-

1. i)Be put up in the acquired width of the National/ State highway and other scheduled roads and footpaths;
2. ii)Be put at the place where it effects or endangers the growth of flora and fauna;

iii)           Be located in thickly wooded area or placed on trees;

1. iv)Exceed dimension size of 16 Sq. Meters;
2. v)Be located near a water source;
3. vi)Be in the form of writing, engraving, nailing or carving on any natural or inanimate object;

vii)          Be placed on rooftops of buildings;

viii)         Be located/positioned on a sharp turn, a “U” turn or blind turns.

1. Signs of premises will be allowed up to 3 Sq. meters between slab and lintel of the building to the occupier/owner.
2. Restrictions on physical characteristics of the advertisements-

1. i)Advertisements cannot contain flashing red, blue or amber point light sources which when viewed from the road, could give the appearance of an emergency service or other special purpose vehicle warning light;
2. ii)External illumination sources shall be shielded to ensure that external ‘spot’ light sources are not directed at approaching motorists;

iii)           Illumination of advertising device is to be concealed or be integral part of it;

1. iv)Upward pointing light of the device will not be allowed, any external lighting is to be downward pointing and focused directly on the sign so that glare does not extend beyond the Advertisement;
2. v)The average maintained luminance has to be reduced to 0.5 candela or all together shut, between 2300 hours (11pm) and sunrise by automatic timing devices;
3. vi)Non-static illuminated Advertising Devices (flashing lights) are not permitted within the boundaries of municipal roads;

vii)          Moving, rotating or variable message Advertising Devices are not permitted within the municipal boundaries.

1. List of negative advertisements that the DMC may take action against and modify or remove such advertisement-

1. i)Nudity;
2. ii)Racial advertisements or advertisements propagating caste, community or ethnic differences;

iii)           Advertisement promoting drugs, alcohol, cigarette or tobacco items;

1. iv)Advertisements propagating exploitation of women or child;
2. v)Advertisement having sexual overtone;
3. vi)Advertisement depicting cruelty to animals;

vii)          Advertisement depicting any nation or institution in poor light;

viii)         Advertisement casting aspersion of any brand or person;

1. ix)Advertisement banned by any law enacted by the Government of India;
2. x)Advertisement glorifying violence;
3. xi)Advertisement that exploits the national emblem, or any part of Constitution of India, or the person or personality of a national leader or a state dignitary;

xii)          Destructive devices and explosives depicting items;

xiii)         Any psychedelic, laser or moving displays;

xiv)         Advertisement of Weapons and related items (such as firearms, firearm parts and magazines, ammunition etc.);

1. xv)Advertisements which may be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;

xvi)         Advertisements which may be obscene or contain pornography or contain an “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

xvii)        Advertisement linked directly or indirectly to or include description of items, goods or services that are prohibited under any applicable law for the time being in force, including the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, and other such laws;

xviii)       Any other items considered inappropriate by the municipal bodies.

1. If the illumination at outdoor advertising devices draws power from alternate renewable resources like solar power, for such advertisement devices the licensee fee/charges will be half of the actual fee.
2. No advertisement/hoarding can be placed in a way that obstructs the mountain and valley view of Dharamshala. In cases of violation of this mandate, the Commissioner can impose a penalty as he deems fit, not exceeding a sum of twenty thousand rupees and also remove the said advertisement.

Source: Municipal Corporation of Dharamshala, Himachal Pradesh (page number 10647)

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